Girish Chandra Gupta vs Sriram Sav
2022 Latest Caselaw 19465 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3007 of 2021
 

 
Petitioner :- Girish Chandra Gupta
 
Respondent :- Sriram Sav
 
Counsel for Petitioner :- Anadi Krishna Narayana,Neeharika Sinha Narayana
 
Counsel for Respondent :- Shri Niwash Yadav
 

 
Hon'ble Ajit Kumar,J.

Even after having argued the matter at length, learned counsel for the petitioner could not convince the Court on the merits of the case to warrant interference with the findings of fact returned by the Prescribed Authority and the appellate authority, in exercise of its power under Article 227 of the Constitution. However, before this Court could proceed to pass final judgment in the matter, learned counsel for the petitioner prayed that the petitioner may be granted some time to vacate the premises in question.

To this above request, Sri Shri Niwas Yadav, learned counsel for the respondent does not have any objection, provided only a reasonable time is accorded to the petitioner to vacate the premises.

In such above view of the matter, this petition stands disposed of with a direction that the petitioner shall not be evicted from the shop premises in question pursuant to the order of release dated 07.09.2019 passed in P.A. Case No. 2 of 2017 until 31.08.2023, provided of course petitioner continues to pay rent month by month @ Rs. 1,500/- per month as has been held in the release order to be the rent.

Petitioner shall also furnish an undertaking on affidavit before the Prescribed Authority to the above effect on or before 15.12.2022. It is however, clarified that in the event petitioner fails to comply with any of the directions contained in this order, the interim protection granted herein shall seize to operate and the landlord-respondent shall be at liberty to get the release order executed in accordance with law.

Order Date :- 1.12.2022

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